Three hours and 42 minutes. That’s how close Kevin Cooper came in 2004 to being murdered by the state, strapped down to a gurney, and poisoned via lethal injection. He had been placed in what he calls a “death chamber waiting room” and stripped of all his clothes before he was granted a stay of execution. Five years later, in an unprecedented dissent, five federal judges on the Ninth Circuit Court of Appeals issued an opinion that began: “The State of California may be about to execute an innocent man.”

A rash of evidence would appear to substantiate their claim. In the opinion, Judge William A. Fletcher details multiple Brady disclosures—key information that had been ignored or actively suppressed that would compromise the case against Cooper.

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